The telecom companies like Vodafone India, Idea Cellular and Bharti Airtel Limited, are having a happy Navratri as with the arrival of navratra, they got a huge relaxation from the Bombay High Court. The Court has quashed and set aside an order of the Competition Commission Of Indian (CCI).
The order of CCI was challenged by the three telecom companies and Cellular Operators Association of Indian ( COAI) in the High Court. A bench of Justice Anoop Mohta and Justice Bharati Dangre has over ruled the orders passed under Section 26(1) of the Competiton Act, 2002.
Very known figures like Harish Salve, Iqbal Chagla, Darius Khambata, Aspi Chinoy , Janak Dwarkadas, Shreehari Aney, Ramji Shrinivasan and Amit Sibal appeared in the matter.
The Court held that the authority under the Competiton Act has no jurisdiction to decide and deal with the various statutory agreement, contracts including the rival rights/obligations of its own. Every aspect of development of telecommunication market are to be regulated and controlled by the concerned Department, based upon the policy so declared time to time, keeping in mind the need and the technology, under TRAI Act.
Hence the Court declared the orders given by CCI and notices issued by the Director General as illegal, the court quashed it and set aside.